Lang: he;
Title: שמות פרק כב;
Content:
(א) אִם בַּמַּחְתֶּרֶת יִמָּצֵא הַגַּנָּב וְהֻכָּה וָמֵת אֵין לוֹ דָּמִים.
(ב) אִם זָרְחָה הַשֶּׁמֶשׁ עָלָיו דָּמִים לוֹ שַׁלֵּם יְשַׁלֵּם אִם אֵין לוֹ וְנִמְכַּר בִּגְנֵבָתוֹ.
(ג) אִם הִמָּצֵא תִמָּצֵא בְיָדוֹ הַגְּנֵבָה מִשּׁוֹר עַד חֲמוֹר עַד שֶׂה חַיִּים שְׁנַיִם יְשַׁלֵּם.
(ד) כִּי יַבְעֶר אִישׁ שָׂדֶה אוֹ כֶרֶם וְשִׁלַּח אֶת בְּעִירֹה וּבִעֵר בִּשְׂדֵה אַחֵר מֵיטַב שָׂדֵהוּ וּמֵיטַב כַּרְמוֹ יְשַׁלֵּם.
(ה) כִּי תֵצֵא אֵשׁ וּמָצְאָה קֹצִים וְנֶאֱכַל גָּדִישׁ אוֹ הַקָּמָה אוֹ הַשָּׂדֶה שַׁלֵּם יְשַׁלֵּם הַמַּבְעִר אֶת הַבְּעֵרָה.
(ו) כִּי יִתֵּן אִישׁ אֶל רֵעֵהוּ כֶּסֶף אוֹ כֵלִים לִשְׁמֹר וְגֻנַּב מִבֵּית הָאִישׁ אִם יִמָּצֵא הַגַּנָּב יְשַׁלֵּם שְׁנָיִם.
(ז) אִם לֹא יִמָּצֵא הַגַּנָּב וְנִקְרַב בַּעַל הַבַּיִת אֶל הָאֱלֹהִים אִם לֹא שָׁלַח יָדוֹ בִּמְלֶאכֶת רֵעֵהוּ.
(ח) עַל כׇּל דְּבַר פֶּשַׁע עַל שׁוֹר עַל חֲמוֹר עַל שֶׂה עַל שַׂלְמָה עַל כׇּל אֲבֵדָה אֲשֶׁר יֹאמַר כִּי הוּא זֶה עַד הָאֱלֹהִים יָבֹא דְּבַר שְׁנֵיהֶם אֲשֶׁר יַרְשִׁיעֻן אֱלֹהִים יְשַׁלֵּם שְׁנַיִם לְרֵעֵהוּ.
(ט) כִּי יִתֵּן אִישׁ אֶל רֵעֵהוּ חֲמוֹר אוֹ שׁוֹר אוֹ שֶׂה וְכׇל בְּהֵמָה לִשְׁמֹר וּמֵת אוֹ נִשְׁבַּר אוֹ נִשְׁבָּה אֵין רֹאֶה.
(י) שְׁבֻעַת י״י תִּהְיֶה בֵּין שְׁנֵיהֶם אִם לֹא שָׁלַח יָדוֹ בִּמְלֶאכֶת רֵעֵהוּ וְלָקַח בְּעָלָיו וְלֹא יְשַׁלֵּם.
(יא) וְאִם גָּנֹב יִגָּנֵב מֵעִמּוֹ יְשַׁלֵּם לִבְעָלָיו.
(יב) אִם טָרֹף יִטָּרֵף יְבִאֵהוּ עֵד הַטְּרֵפָה לֹא יְשַׁלֵּם.
(יג) וְכִי יִשְׁאַל אִישׁ מֵעִם רֵעֵהוּ וְנִשְׁבַּר אוֹ מֵת בְּעָלָיו אֵין עִמּוֹ שַׁלֵּם יְשַׁלֵּם.
(יד) אִם בְּעָלָיו עִמּוֹ לֹא יְשַׁלֵּם אִם שָׂכִיר הוּא בָּא בִּשְׂכָרוֹ.
(טו) וְכִי יְפַתֶּה אִישׁ בְּתוּלָה אֲשֶׁר לֹא אֹרָשָׂה וְשָׁכַב עִמָּהּ מָהֹר יִמְהָרֶנָּה לּוֹ לְאִשָּׁה.
(טז) אִם מָאֵן יְמָאֵן אָבִיהָ לְתִתָּהּ לוֹ כֶּסֶף יִשְׁקֹל כְּמֹהַר הַבְּתוּלֹת.
(יז) מְכַשֵּׁפָה לֹא תְחַיֶּה.
(יח) כׇּל שֹׁכֵב עִם בְּהֵמָה מוֹת יוּמָת.
(יט) זֹבֵחַ לָאֱלֹהִים יׇחֳרָם בִּלְתִּי לַי״י לְבַדּוֹ.
(כ) וְגֵר לֹא תוֹנֶה וְלֹא תִלְחָצֶנּוּ כִּי גֵרִים הֱיִיתֶם בְּאֶרֶץ מִצְרָיִם.
(כא) כׇּל אַלְמָנָה וְיָתוֹם לֹא תְעַנּוּן.
(כב) אִם עַנֵּה תְעַנֶּה אֹתוֹ כִּי אִם צָעֹק יִצְעַק אֵלַי שָׁמֹעַ אֶשְׁמַע צַעֲקָתוֹ.
(כג) וְחָרָה אַפִּי וְהָרַגְתִּי אֶתְכֶם בֶּחָרֶב וְהָיוּ נְשֵׁיכֶם אַלְמָנוֹת וּבְנֵיכֶם יְתֹמִים.
(כד) אִם כֶּסֶף תַּלְוֶה אֶת עַמִּי אֶת הֶעָנִי עִמָּךְ לֹא תִהְיֶה לוֹ כְּנֹשֶׁה לֹא תְשִׂימוּן עָלָיו נֶשֶׁךְ.
(כה) אִם חָבֹל תַּחְבֹּל שַׂלְמַת רֵעֶךָ עַד בֹּא הַשֶּׁמֶשׁ תְּשִׁיבֶנּוּ לוֹ.
(כו) כִּי הִוא כְסוּתֹה לְבַדָּהּ הִוא שִׂמְלָתוֹ לְעֹרוֹ בַּמֶּה יִשְׁכָּב וְהָיָה כִּי יִצְעַק אֵלַי וְשָׁמַעְתִּי כִּי חַנּוּן אָנִי.
(כז) אֱלֹהִים לֹא תְקַלֵּל וְנָשִׂיא בְעַמְּךָ לֹא תָאֹר.
(כח) מְלֵאָתְךָ וְדִמְעֲךָ לֹא תְאַחֵר בְּכוֹר בָּנֶיךָ תִּתֶּן לִי.
(כט) כֵּן תַּעֲשֶׂה לְשֹׁרְךָ לְצֹאנֶךָ שִׁבְעַת יָמִים יִהְיֶה עִם אִמּוֹ בַּיּוֹם הַשְּׁמִינִי תִּתְּנוֹ לִי.
(ל) וְאַנְשֵׁי קֹדֶשׁ תִּהְיוּן לִי וּבָשָׂר בַּשָּׂדֶה טְרֵפָה לֹא תֹאכֵלוּ לַכֶּלֶב תַּשְׁלִכוּן אֹתוֹ.
===
Lang: en;
Title: Shemot 22;
Content:
(1) If a thief is found in the act of breaking in,in the act of breaking in | בַּמַּחְתֶּרֶת – The noun relates to the verbal root "חתר", to dig or tunnel through, and might more literally translate: "[in the act of] tunneling". and is struck and dies, he has no bloodguilt.he has no bloodguilt | אֵין לוֹ דָּמִים – Literally: "he has no blood". See Rashbam and Ibn Ezra that the phrase refers to the individual who killed the burglar, who is not considered to have spilled blood in so doing, for he was acting in self-defense. Alternatively, the subject of the clause is the burglar (the subject of the earlier part of the verse), who is not considered "a man of blood", i.e. a living being, and as such one who kills him is like one who killed a dead man and hence not culpable (Rashi, Shadal).
(2) If the sun rises upon him,If the sun rises upon him | אִם זָרְחָה הַשֶּׁמֶשׁ עָלָיו – This might mean that the burglary occurred during the day (Rashbam) or that the burglar was out in the open, and not tunneling (R"Y Bekhor Shor, and see also Targum Onkelos). Cf. Rashi that the expression is a metaphor: "if it is clear as day" (that the burglar was not coming with intent to kill). he has bloodguilt.he has bloodguilt | דָּמִים לוֹ – Literally: "he has blood". See the note on the previous verse, that the phrase might refer to the individual who kills the burglar who, in this case, has bloodguilt (since the assumption is that his own life was not endangered), or to the burglar who is considered a "man of blood", a living person, and as such, one is culpable if one kills him. He shall surely pay,he shall surely pay | שַׁלֵּם יְשַׁלֵּם – This phrase refers to the burglar; if he is not killed, he must pay for what he stole. and if he has nothing, he shall be sold for his theft.
(3) If the stolen item should indeed be found in his hand, alive,alive | חַיִּים – See Targum Onkelos, Rashbam and others that this adjective modifies the various animals, with the law standing in contrast to that of Shemot 21:37, teaching that if the stolen animal is not slaughtered, but alive, the thief pays double and not four or five-fold. Cf. Mekhilta: "he shall pay two live (animals)", reading the word "alive" as the beginning of the final clause of the verse (חַיִּים שְׁנַיִם יְשַׁלֵּם), rather than the end of the earlier clause. from ox to donkey to sheep, he shall pay double.
(4) If a man has his animals grazegraze | יַבְעֶר – See Rashbam and Ibn Ezra that the verb relates to the noun "בְּעִיר", an animal or livestock (see Bemidbar 20:4), and refers to causing them to eat. Alternatively: "destroy", or "clear out", as per the verb's usage in Devarim 21:9 (R"Y Bekhor Shor, Shadal). It is also possible that the root "בער" more generally means: "consume", and can thus refer to either grazing, kindling fire (as per its usage in verse 5), or destroying. in a field or vineyard, and he sent forth his animalsent forth his animal | וְשִׁלַּח אֶת בְּעִירֹה – According to Bavli Bava Kamma 2b this phrase refers to damage done by the animal by treading on the field or vineyard, while the second clause " וּבִעֵר בִּשְׂדֵה אַחֵר", refers to damage done by eating. As such, the verse opens with a general statement of destruction caused by an animal and moves to give two examples, נזקי רגל, "damage of the foot" and נזקי שן, "damage of the tooth". and it grazes in the field of another, from the best of his field and the best of his vineyardhis vineyard | וּמֵיטַב כַּרְמוֹ – It is unclear if the verse refers to the field and vineyard of the injured party or of the person who caused the damage (see the dispute between R. Yishmael and R. Akiva in Bavli Bava Kamma 6b). he shall pay.
(5) If fire goes out and catches in thorns, so that stacked grain, or standing grain, or a field is consumed, he who kindled the fire shall surely pay.
(6) If a man gives his fellow money or vessels to watch, and it was stolen from the man's house, if the thief is found, he shall pay two-fold.
(7) If the thief is not found, the owner of the houseowner of the house| בַּעַל הַבַּיִת – This might refer to the person who was guarding the objects in his home (R"Y Bekhor Shor and R. Avraham b. HaRambam), or alternatively to the owner of the objects, who brings the guard to court (Ibn Ezra, first commentary). shall come near to the judges,to the judges | אֶל הָאֱלֹהִים – See Mekhilta DeRashbi, Targum Onkelos, and others that the word takes its secular meaning of "judges". Cf. the rejected opinion in Mekhilta DeRabbi Yishmael that "אֱלֹהִים" might take its more sacred meaning, and relate to the Divine, here refer to inquiring of God through the Urim and Tummim. It is also possible that the verse refers to the "place of God", the Temple, the site of judgment (see Devarim 17:8-9). to determine whether he did notto determine whether he did not | אִם לֹא – Literally: "if he did not…", but see Shadal and R. D"Z Hoffmann that this is a truncated expression and the word "to determine" (or the equivalent) must be supplied. Cf. Rashi, Rashbam, and others: "(to swear) that he did not…", but see Shadal that if this is an oath, the negative formulation of "if not" would imply a positive, that he actually did send forth his hand (compare the oaths of Bemidbar 14:28, Shemuel II 19:24, or Yeshayahu 14:24). send forth his handsend forth his hand | שָׁלַח יָדוֹ – See Shadal that sending forth a hand refers to taking that which belongs to another (in this case, stealing), as per the phrase's usage in Esther 9:10,15. If it is determined that the guard did not steal the object, then he is not culpable. Elsewhere though, the phrase refers to harming or touching something, leading Bavli Bava Metzia 107b to suggest that our verse refers to the watchman's making personal use of the object. Once the guard has used the article for his own benefit, he then becomes responsible for all and is culpable even if it is stolen by another. on the propertyproperty | בִּמְלֶאכֶת – Though "מלאכה" often takes the meaning "work", it can also refer to possessions, or perhaps more specifically to livestock, as in Bereshit 33:14 or Shemuel I 15:9. Compare the similar term "עֲבֻדָּה" (work/possessions) in Bereshit 26:14. of his fellow.
(8) For every claim of crime,for every claim of crime | עַל כׇּל דְּבַר פֶּשַׁע – The word "דבר" can mean either "word" or "matter" and thus here might be translated as either: "claim" or "case". Alternative translations of the word "פֶּשַׁע" as used here include: "liability" (Targum Onkelos), "breach of trust / dishonesty" (Rashi), "trespass" (R. D"Z Hoffmann). regarding an ox, a donkey, a sheep, a garment, or any loss about which one may say, "This is it",this is it | כִּי הוּא זֶה – In other words, the person who left his goods to be guarded claims, "This is mine". the words of both shall come to the judges; whomever the judges find guilty shall pay two-fold to his fellow.
(9) If a man gives to his fellow a donkey or ox or sheep or any animal to watch, and it dies,and it dies | וּמֵת – See Mekhilta that the connotation is that it died a natural death. or is broken,is broken | נִשְׁבַּר – The verse might refer to a case in which the animal has been maimed by another animal (Mekhilta, and see Melakhim I 13:28), or perhaps also to a case where it was injured in a fall or the like (R. Hirsch). If the former. the difference between "נשבר" and "טרף" (torn, the case mentioned in verse 12) might be that only in the latter case does the animal also eat its prey (R. D"Z Hoffmann). or is captured,captured | נִשְׁבָּה – The root "שבה" is usually used in reference to humans being taken captive, but might have been employed here due to the alliteration with "נשבר" (Shadal). The choice of term highlights that the case is one in which the animal was taken by force, being carried away in a raid or the like, and not simply stolen (Ibn Ezra, R"Y Bekhor Shor, and Chizkuni). with no one seeing,
(10) an oath of Hashem shall be between the two of them to determine whether he did not send forth his handto determine… send forth his hand | אִם לֹא – See the notes on verse 7. on the property of his fellow. The owner shall accept it,shall accept it | וְלָקַח – Literally: "shall take it". This might mean either that the owner shall accept the oath (Mekhilta, Rashi), or perhaps, that he shall take the maimed or dead bodies, but nothing more (opinion in Ibn Ezra, Shadal). and he need not pay.he need not pay | וְלֹא יְשַׁלֵּם – i.e. the person who guarded the animal need not pay.
(11) But if it was indeed stolenindeed stolen | גָּנֹב יִגָּנֵב – This construction often serves for emphasis; here it might be meant to draw attention to these new circumstance in which the guard is, in fact, culpable. Cf. Mekhilta who learns from the doubling that one is culpable not only for theft but also for loss. from him, he shall pay its owner.shall pay its owner | יְשַׁלֵּם לִבְעָלָיו – To explain the apparent contradiction between this law and that stated in verse 7, where the guard is not culpable for theft, the Sages suggest that the first set of verses refer to one who is guarding for free, while these verses refer to one who is guarding for pay, and as such, more is expected of him (Mekhilta DeRabbi Yishmael). Cf. Rashbam on verse 6 that the initial verses refer to watching over vessels or money, commonly held in one's house, while these verses refer to watching over animals, outside, and as such, there is an expectation on the part of the owner that the person guarding will actively protect from theft.
(12) If it was torn to pieces, he should bring it as evidence;as evidence | עֵד – See Abba Shaul in Mekhilta DeRashbi, Rashbam, and Ibn Ezra that the person is supposed to bring whatever limbs he can as proof that the animal was mangled (and compare Bereshit 31:39 and Amos 3:12). Literally: "a witness" and see R. Yochanan in the Mekhilta who translates: "he shall bring witnesses" (to testify that the animal was torn by accident). he need not pay for that which is torn.
(13) If a man borrows of his fellow, and it is broken or dies, if its owner is not with him,the owner is not with him | בְּעָלָיו אֵין עִמּוֹ – According to the simple sense of the verse, the connotation is that if the owner is not present when the animal is injured, the guard is culpable (Ibn Ezra, second commentary, and R"Y Bekhor Shor). However, the Sages in Bava Metzia 95b understand "with him" to refer to the borrower rather than the animal (perhaps because "בהמה" (animal) is feminine while "עִמּו" (with him) is masculine). If the owner is not employed by the borrower ("not (involved) with him"), then the borrower is culpable, but if he is employed, the borrower is not. See R. Hirsch for an explanation of the logic behind the law. he must surely pay.
(14) But if its owner is with him, he need not pay. If he is a hired worker,If he is a hired worker | אִם שָׂכִיר הוּא – This translation follows the prevalent meaning of the word "שָׂכִיר" in Tanakh, a hired worker. As such, this is not a new case, but a subset of the laws pertaining to a borrower and might speak of a situation where either the owner of the animal works for the borrower (Rambam, R"Y Bekhor Shor) or the borrower works for the owner (R. Maimon, father of Rambam, Hoil Moshe). Alternatively: "if it is leased", with the clause referring to the animal which was leased (Rashi) or: "if he was a renter", referring to the user who leased the animal (Rashbam), and compare this usage of the word in Yeshayahu 7:20. According to both Rashi and Rashbam, this is a new case involving leasing rather than borrowing, and is unconnected to the first half of the verse. it is included in the hiring.included in the hiring | בָּא בִּשְׂכָרוֹ – See R. Maimon that if a hireling borrows an animal from his boss, and it is harmed, he need not pay as it is included in his hire, or the cost of damages is deducted from his wages (Hoil Moshe). If one, instead, understands the verse to refer to leasing an animal (see above note), one might similarly say that the leaser need not pay, for potential damages were included in the price of the rental. Alternatively, this clause simply explains the previous one, and elaborates that the animal came (into the person's hand) because he leased it (Rashi and Rashbam, suggesting that the verse presents the case but does not then explicate what the law is).
(15) If a man seduces a virgin who was not betrothed, and lies with her, he shall surely pay a dowry for her to be his wife.
(16) If her father utterly refuses to give her to him, he shall pay out moneypay out money | כֶּסֶף יִשְׁקֹל – Literally: "weigh out silver". according to the dowry of virgins.
(17) You shall not allow a sorceress to live.
(18) Anyone who lies with an animal shall surely be killed.
(19) One who sacrifices to gods, except for Hashem alone,except for Hashem alone | בִּלְתִּי לַי"י לְבַדּוֹ – Though this clause is found at the end of the verse, see Shadal that it should read as if attached to the words "he who sacrifices to gods". The connotation might be to emphasize that even if someone worships other gods together with Hashem, this, too, is problematic (Ibn Ezra, R"Y Bekhor Shor). shall be destroyed.
(20) Do not maltreat the sojourner and do not oppress himnot maltreat… not oppress | לֹא תוֹנֶה וְלֹא תִלְחָצֶנּוּ – According to Mekhilta DeRabbi Yishmael, "לֹא תוֹנֶה" refers to verbal wrongdoing and "לֹא תִלְחָצֶנּוּ" to financial wrongdoing. Cf. Rashbam that "לחץ" refers specifically to forced labor, pointing to usage of the word in Shemot 3:9, regarding the bondage in Egypt. because you were sojourners in the land of Egypt.
(21) Do not afflict any widow or orphan.
(22) If you will indeed afflict him, if he but cries out to me,if he but | כִּי אִם – See Ramban, pointing to similar usage in Yeshayahu 55:10-11. Alternatively: "if" with the doubling of "כִּי אִם" being insignificant, or perhaps for emphasis (opinion in Ramban, and compare similar doublings in Shemot 14:11 or Bemidbar 12:2). Cf. Rashi: "Because, if he cries out…". [This, however, necessitates reading the first clause of the verse as a truncated phrase, where the threat is stated, but not the consequence.] I will surely hear his cry.
(23) I will get angry and kill you by the sword, and your wives will be widows and your sons, orphans.
(24) IfIf | אִם – Alternatively: "when". See R. Yishmael in the Mekhilta that this is one of three places in Torah where despite the wording of: "if", which would seem to imply optionality, what follows is actually an obligation; lending money is mandatory, not optional. you loan money to My people, to the poor who is among you, you shall not be for him a creditor and you shall not take from him interest.interest | נֶשֶׁךְ – The word for interest relates to the verbal root "נשך", to bite, and might be a metaphoric way of expressing the harm caused by charging the poor interest (see Rashi).
(25) If you take the garment of your fellow as security, by sunsetby sunset | עַד בֹּא הַשֶּׁמֶשׁ – See Targum Yerushalmi (Yonatan) and Shadal. The verse warns that one must return the garment to the poor by nightfall so that he will have what to cover himself with at night (and see Devarim 24:12-13). Cf. Mekhilta and Bava Metiza 114b: "until sunset", understanding that the verse refers to a garment which is worn during the day, with the verse warning that the creditor must "return it to him [so that he shall have it to wear all day] until sunset". you shall return it to him,
(26) for it is his only covering; it is his garment for his skin. With what shall he lie? And if he cries out to me, I will listen, for I am gracious.
(27) Do not blasphemeblaspheme | תְקַלֵּל – The word stems from the root "קלל", to be slight, and hence can also mean: "to dishonor", "disparage", or: "treat with contempt". As such, Malbim suggests that though "תְקַלֵּל" and "תָאֹר" (curse) are similar in meaning, the opposite of the former would be "respect", while the opposite of the latter would be "bless". the judges,the judges | אֱלֹהִים – See Targum Onkelos. Alternatively: "God". and do not curse a prince of your people.
(28) The offerings from your full grain and from your pressesthe offerings… presses | מְלֵאָתְךָ וְדִמְעֲךָ – See Rashbam and R"Y Bekhor Shor. They point to Devarim 22:9, where grain is referred to as "מלאה", and note that oil and wine might be called "דמעה" as they resemble tears, being clear juices that flow from the fruit. Others suggest that "מלאה" refers instead to wine, as per Bemidbar 18:27 (R"Y Kara, Ibn Ezra), to both wine and grains (R. Saadia), or more generally, to that which is gathered at harvest (Ramban, noting that "מלא" can mean to gather). Cf. Mekhilta that "מלאה" refers to first fruits, taken right after they are full (מלא) and ripe, while "דמעה" refers to the heave offering (תרומה). do not delay;do not delay | לֹא תְאַחֵר – The Sages learn from this that one must make sure to bring the various offerings of one's produce in the correct order (Mekhilta). the firstborn of your sons you shall give to me.
(29) So you shall do to your ox and your sheep; for seven days he shall be with his mother and on the eighth day you shall give him to me.
(30) And you shall be to me men of holiness; and flesh in the field that was torn you shall not eat; you shall throw it to the dogs.